Law: Constitution of Pakistan, 1956

Section: 160

Law: Penal Code (XLV of 1860)

Section: 149. 34

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th February 1956, in Criminal Appeals Nos. 710 and 714 of 1955). (a) Witness-Mere fact of witness being of the same caste as deceased-Quite insufficient to taint him with partisanship in absence of any hint of animus towards accused. (b) Constitution of Pakistan (1956), Art. 160-Special Leave to Appeal to Supreme Court-Supreme Court does not interfere with conclusions upon questions of fact reached by Courts below on evaluation of evidence. (c) Penal Code (XLV of 1860), S. 149 & 34-Injuries of individual members of complainant-party-Not result of massed attack-Attacks made in sporadic assaults-Cannot be safely regarded otherwise than in isolation from each other-Joint responsibility as provided for under S. 34, P. P. C.-Attaches to those joining in attack upon particular individual, with common intention-Case not covered by S. 149, P. P. C. Dates of hearing : 19th and 20th March 1957. JUDGMENT CORNELIUS, J.-The appellants are seven in number: One of them, namely, Muhammad Azad stands convicted under section 302 and section 148, P. P. C., on the-allegations that he joined in a riot and in the course of that riot, he caused the death of one Bhag by shooting him with a fire-arm. The remaining six appellants are named Mohabbat Khan, Karim Dad, Nazir Ahmad, Muhammad Shakir, Riaz and Mahram Khan. They were each convicted under section 148, P. P. C. for participation in the same riot. Each was also convicted under section 325 read with section 149, P. P. C. The sentences are uniform in the cases of these six persons. Originally, 38 persons were challaned by the police in the case, which arose out of a serious clash between the parties of two candidates at a District Board election in Rawalpindi district. The occasion was the polling of votes at a village named Kirpa on the 27th June 1954. The accused persons are shown to be supporters of one of the candidates named Kamal Khan, while the allegation is that the complainant-party in the present case were all supporters of the rival candidate Balawal Shah. It appears that village Kirpa was a strong hold of the Dhanial…